12 Comments
Jun 3, 2022Liked by David Lat

Whew! We agree completely on something! Great argument.

Expand full comment
Jun 3, 2022Liked by David Lat

Well done David. As a SCOTUS clerk from the antediluvian period, I feel hopelessly naive in believing that such a breach of trust could never occur. Never. Unthinkable. It was to my contemporaries and me a matter of fidelity to our constitutional structure, the Court and our individual Justices. I know my co-clerks would agree. We understood that the person in the black robe was appointed by the President and confirmed by the Senate. The miscreant will be apprehended, I’m sure, and he or she will be revealed as weak of character and honor. But the more fundamental question concerns the origins of that clerk’s self-view as paramount to matters of constitutional integrity and personal honor. Shine the light on his or her law school and undergraduate university, and ask the clerk’s parents themselves to address the shortcomings of their child’s upbringing. All assuming, of course, that it was a clerk’s breach and not that of a Justice or a member of the Court’s support staff. Thanks.

Expand full comment
Jun 3, 2022Liked by David Lat

Is it commonplace in internal federal employment investigations to request personal phone records?

Expand full comment
Jun 3, 2022·edited Jun 3, 2022Liked by David Lat

I’ll read this later, but wanted to note that the clerks should be threatened with termination (before the term is over). That might force the culprit to confess too.

In lieu of sharing personal information, the clerks should be threatened with termination if they refuse to deny to an agent (under 18 USC 1001) that they weren’t the leaker and don’t know who the leaker is.

Sprechen sie deutsch?

Expand full comment

I think the baseline norm against self-incrimination to the police overrides any kind of loyalty to an employer.

Expand full comment